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MORO DENIES LULA’S DEFENSE THE OPPORTUNITY TO BE HEARD ONCE AGAIN

June 14, 2017

Once more, the defense was denied a fair opportunity to be heard and the attorneys’ performance disrespected today (06/14) during a hearing at the 13th Federal Criminal Court of Curitiba regarding the Criminal Proceeding No. 5063130-17.2016.4.04.7000.

Judge Sergio Moro interrupted the work of Lula’s attorneys during the testimony of the former Federal Police Director-General Luiz Fernando Correa, precisely at the moment the witness was reporting, much like the former Federal Attorney Generals Claudio Fontelles and Antonio Fernando Barros who were also heard today, about the incentive and material conditions provided by the then President Lula in order to fight corruption and money laundering.

It is important to place on record that, during other hearings, the judge allowed the Federal Attorney’s Office to ask similar questions to those already asked to the prosecution witnesses – at hearings concerning the Criminal Proceeding No. 5046512-94.2016.4.04.7000/PR – noticeably regarding the informants. Moro stated that he overruled the questions because those questions had already been answered in another proceeding and to carry on with them would be a “waste of time”.

The truth is that the judge prevented the defense from reinforcing significant aspects that challenge the idea of a “systemic corruption” scenario promoted by the Federal Attorney’s Office.

Faced with the lack of evidence in the charges against Lula, it is unfortunate that the judge resort to such means and, along with the federal prosecutor, display such disrespectful behavior towards the defense. Once again the professional prerogative was violated regarding the indispensable participation of the attorneys in the administration of justice, as provided in the Brazilian Constitution (Article 133), the international rules concerning judicature, prosecutors, and attorneys. Such conduct also violates the former President’s fundamental guarantees.